BACK TO SECTIONSAIR 1973 SC 473(2010) 2 SCC 333
N/ACognizable: N/AN/A
Reform Highlights
1
Renumbered from IPC 96–106 to BNS 34–44.
2
Core principles — proportionality, necessity, no right against lawful acts — fully preserved.
3
BNS 37 explicitly lists acid attack and kidnapping as situations where lethal force in body defence is permitted.
THE STATUTE
The Clause
Section 34: Nothing is an offence done in the exercise of the right of private defence. Section 35: Every person has a right to defend their own body and property and that of others.
Legal Commentary
Sections 34 to 44 codify the right of every Indian citizen to defend themselves, others, and property from criminal aggression — without needing to wait for the state to intervene. Section 34 establishes the foundational principle. Section 35 extends protection to both body and property. However, the right is bounded by the 'Rule of Proportion' — force used in defence must not exceed what is necessary to repel the threat. If someone slaps you, you cannot shoot them and claim self-defence. The law distinguishes between defence of the body — where lethal force may be used only in specific circumstances under Section 37 (reasonable apprehension of death, grievous hurt, rape, acid attack, abduction, or wrongful confinement) — and defence of property, where lethal force is generally not permitted. A person cannot use more force than needed, cannot exercise the right against a lawful act, and must retreat if safely possible before escalating. Section 40 extends the right to defending a third person — a bystander who sees a woman being attacked may intervene using proportionate force. Section 43 removes the right when the defender is the initial aggressor. These sections are among the most litigated in Indian criminal law, since almost every homicide accused raises private defence as a plea.
Landmark Precedents
Deo Narain v. State of UP (1973)
RELEVANCE
The Supreme Court held that private defence should be judged from the accused's perspective at the time of the act — not with the benefit of hindsight.
Darshan Singh v. State of Punjab (2010)
RELEVANCE
Landmark judgment laying down 10 principles governing private defence, including that a plea of self-defence is judged on a preponderance of probability, not beyond reasonable doubt.
Case Simulations
"A woman being dragged into a car — she stabs the attacker; death results. Likely covered under BNS 37 (reasonable apprehension of kidnapping/rape)."
"A shopkeeper punches a thief who falls and dies from hitting his head — court carefully assesses proportionality."
"A bystander sees a mob beating a man and intervenes, injuring one attacker — protected under Section 40 (defending another person)."
"A person in a bar fight who escalates a slap into a stabbing — private defence fails because force was grossly disproportionate."
Expert Insights
The substantive law is unchanged — only section numbers moved from IPC 96–106 to BNS 34–44. The principles of proportionality, reasonable apprehension, and no right against lawful force remain identical, and decades of case law continue to apply.
BNS 37 lists housebreaking at night as a situation where a reasonable apprehension of grievous hurt may justify lethal force. However, courts assess this contextually — if the intruder was unarmed and clearly fleeing, lethal force would not be justified.
Generally no. Under Section 43, if you voluntarily provoked an attack or were the initial aggressor, you cannot claim private defence. Exception: if the level of retaliation far exceeds the initial provocation and creates a genuine, grave threat to your life, the right may revive.